ECtHR – Judgment of 03.11.2009 – S. Lautsi C. Italy, 30841/06 – Article 9 ECHR– Protocol n.º 1 – The presence of crucifixes in classrooms versus the right to education and religious freedom in public education.
Keywords:
European Court of Human Rights - Crucifix - Freedom of thought, conscience and religion - Duty to ensure public education according to religious and philosophical convictions of individuals - Principle of secularism.Abstract
The Judgement of the European Court of Human Rights analyzed in this review is part of all decisions taken by the Court during the last two decades focusing on identification and interpretation of the right to education as recognized in Article 2 of Protocol 1 to the European Convention on Human Rights and Fundamental Freedoms, and the freedom of thought, conscience and religion, proclaimed in Article 9 of the Convention. In its decision, the Court concluded unanimously that mandatory exposure of a concrete symbol of a confession (as the crucifix) in the exercise of public role in specific situations subject to government control, particularly in public school classrooms, restricts the right of parents to educate their children according to their convictions and the right of school children to believe or not believe. This measure is also incompatible with the duty of the State to respect the neutrality in the exercise of public functions and in particular in the field of education. Therefore the European Court considered a violation of Article 2 of Protocol 1 to the European Convention on Human Rights in conjunction with Article 9 of the Convention.Downloads
Published
2010-06-22
Issue
Section
CASE LAW EUROPEAN COURT OF HUMAN RIGHTS
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
